I've admired Yale law professor (and novelist) Stephen Carter for many years, and his essay on the root causes of the Eric Garner-chokehold death-selling loosies outrage didn't disappoint. (HT: Ilya Somin.)
As Carter observes, the racial dynamics link this to Ferguson, even though there are differences. As to Ferguson, I've been trying for some time to come up with a way to express why I think that racial aspects, while very real, are a consequence rather than a cause of the problem. Mostly that has been trying to put into words an intuition that it's beside the point to be arguing whether Michael Brown was a victim or a villain.
The real issue if you are a law-abiding African-American male, it seems to me, is the fear that somebody vested with police power is going to use deadly force when he or she thinks you are a villain, whether or not you are one. I suppose people on both sides of the ensuing debate think it makes the argument more compelling if Brown was a victim or was a villain, but it doesn't to me. That African-American males are disproportionately the target of deadly force, whether justified or not, seems no more surprising than the fact that African-American males are disproportionately prosecuted or imprisoned.
It doesn't surprise me that my African-American friends feel more personally vested in their own safety than I do, at least on this issue. I don't have any villain friends (as far as I know) of any ethnic variety, but there are African-American men who are my very oldest, dearest, and best friends, my good friends, my students, and my colleagues. I think there's more than a de minimis chance they could be singled out, and if there's even a .0000000001 chance it's with deadly force, I get it. It's a fear I just don't have to live with.
There's less factual debate about justification, it seems to me, in the Garner chokehold case. As Professor Carter points out, regardless how you feel about what the grand jury did, it is hard to see how the crime of selling loosies should lead to the suspect's death during the process of arrest. Yet if something is criminal, the police have arrest power, and arrest power can be enforced at the point of a gun. There's the overlap with Ferguson. If you can be arrested for selling loosies (or anything else), you are legitimately the subject of force, and even if you are a "villain," you can only hope that putting your hands up in the air prevents it from becoming deadly. And the same applies if you aren't a villain, but the profiled African-American male who just happens to be standing outside the bodega (in the same way that one of my African-American friends was mistaken for the parking lot attendant after leaving a function). Hence the advice many African-American men have given to their sons about interactions with the police.
What struck home, however, was this from Carter on the subject of there being too much criminalization, the result of which is that very few of us have NEVER violated the law: "Of course, activists on the right and the left tend to believe that all of their causes are of great importance. Whatever they want to ban or require, they seem unalterably persuaded that the use of state power is appropriate."
I don't mean to trivialize the issue but selling loosies seems to me about as trivial (or more trivial) than failing to pick up dog poop. But I've recently come close to squaring off with police power in Cambridge, Massachusetts with regard to dog stewardship. In Cambridge, it's illegal to have your dog[s] off-leash except in specifically designated off-leash areas. The problem, however, is that Cambridge is a dense city, most people don't have yards sufficiently large to let their dogs run, and the legal off-leash areas are few and far between. So, to the consternation of some dog-hating neighbors, particular areas, like one of the baseball fields in North Cambridge, become de facto off-leash areas in the morning and the evening, subject to the occasional raids from the Animal Control Officer.
A. For the purpose of enforcing the provisions of Sections 6.04.030 and 6.04.060 of this chapter, notices of violation (appearance tickets) may be issued by Sanitation Inspectors and Code Enforcement Inspectors detailed with the Department of Health and Hospitals, by persons appointed as Parking Control Officers detailed within the Department of Traffic and Parking, by any Police Officer, and by the Dog Officer and employees of the Water Department recommended by the Water Board and approved by the Chief of Police in those areas under the jurisdiction of the Water Board.
B. Any owner or keeper of a dog, who has been observed by a Police Officer to have violated any provisions of Sections 6.04.020, 6.04.030, 6.04.040 and 6.04.060 of this chapter, and who refuses to give proper personal identification of his or her person to such Police Officer upon request, shall be subject to arrest.